What are the purposes and uses of the preservation of evidence of trademark use

In reality, trademark application for registration and trademark use are two closely related activities - for operators, application for trademark registration is often accompanied by use.

1、 In the process of retaining evidence of trademark use, enterprises should pay attention to the following points:

1. The daily use of trademarks should be standardized, and try to be consistent with the trademark sample on the registration certificate.

2. In daily use, the original evidence materials that can be retained must be retained.

3. Before the evidence of trademark use, it needs to be able to form a complete evidence chain, which can simultaneously prove the three elements of use time, trademark logo, and use of goods.

2、 What is the utility of the evidence of the use of reserved trademarks? The details are as follows:

1. According to the Trademark Law, if a registered trademark has not been used for three consecutive years without justified reasons, any person or unit may apply to the Trademark Office for the cancellation of the registered trademark. When someone proposes to revoke your registered trademark, it is necessary to provide evidence of the use of the trademark for the past three years to prevent the trademark from being revoked.

Of course, not all trademarks will be withdrawn if they are not used for three years, but for those who want the trademark, but the trademark has been registered, then the other party can only attempt to withdraw the registered trademark by withdrawing three years.

2. It is also common for trademarks to be rejected. In trademark rejection, for those rejected due to lack of distinctiveness, providing evidence of actual use of trademarks can greatly improve the success rate of review.

Although the trademark lacks distinctiveness, it can be registered as a trademark if it has gained certain popularity through long-term use by enterprises and the public can identify operators through the logo. Therefore, the applicant must pay attention to collecting evidence of the use of the trademark to prove that the trademark has achieved remarkable characteristics under the use of the enterprise.

3. If there are two or more applicants applying for registration with the same or similar trademark on the same goods or services, the Trademark Office will require each applicant to submit evidence of prior use of the trademark within the specified time. If there is sufficient evidence of trademark use or no one has used the trademark, one applicant will be determined by drawing lots. Therefore, if you and others apply for the registration of the same or similar trademark on the same day, the evidence of prior use becomes very important, which can prove that you use the trademark earlier, thus obtaining the right of prior application for the trademark.

To sum up, to retain the evidence of trademark use is to retain the traces that have existed before the trademark, take out effective evidence of trademark use, and protect their trademark rights and interests.